H. B. 2739
(By Delegates Evans and Canterbury)
January 28, 2003
; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
five-a, relating to actions for injuries; and abridging the
rights of some unlicensed motor vehicle operators to recover
for injuries and damages sustained in motor vehicle accidents.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five-a,
to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-5a. Abridgment of right of action to recover for injuries
and damages by unlicensed motor vehicle operators.
Whenever a person whose license has been suspended or revoked
shall drive a motor vehicle on a highway or street in this state
and collides with any other vehicle, then that person shall have no
right to recover his or her injuries or damages as against other
drivers, the owners of the motor vehicles driven by those drivers
or their insurers, notwithstanding that person's injuries or
damages resulted solely from the negligence of others.
NOTE: The purpose of this bill is to subject those persons
who would drive motor vehicles while their licenses have been
suspended or revoked to a penalty for their misconduct. That is,
their right to recover for injuries or damages they might suffer in
accidents caused by others.
This section is new; therefore, strike-throughs and
underscoring have been omitted.